Chrysler states I do not own my car!!

[AZTVR]

They will be given an opportunity to take the car back plus the money I put into it after beleiving that I own it.

why in the WORLD would they do that?
You get to keep the car, YOU purchased.. Am I missing something? Is there more to this story? Do you still want the car?

The dealer would do it because they are responsible for making sure that the vehicle has a clear title, no matter whether they are deceived by someone or not. That is a major reason why people go to dealerships to buy used cars versus private individuals or small lot used car sellers.

I had a similar situation where my car was the car (not viper) that was involved, the Title was washed, the car was sold to a wholesale auction house, then bought by a Honda dealer and sold by them to a private individual. 6 weeks after my car left my posession, the police came and took the car from the new "owners" and the Honda dealership returned what the new "owners" paid for the car. The person who initiated all of this was being sought by the FBI and was caught and plea bargained to reduced charges.

Anyway, the details are slightly different; but, it seems like a similar legal situation.

The Honda dealer stepped up and did what they should have done, without any BS.

 

[Flying Viper]

Harley, have you, your attorney or MB contacted the AG's office for an investigation? I smell a fraud case here.

 

[Harley561]

Harley, have you, your attorney or MB contacted the AG's office for an investigation? I smell a fraud case here.

Yes, today I filed a complaint with the AG's office but they gave the impression that they dont look into these matters until they have a number of complaints filed so not a whole lot of confidence here.

I also contacted the Florida Dept of Highway Safety at the AG's suggestion and they sent me a complaint form that I am completing now. They said someone will contact me shortly and they will actually send an officer out to the dealer to investigate.

 

[JonB]

If you are not averse to some publicity......In every big city is a FOX or other network affiliate that looks into **** cases of consumer fraud. As suggested by SellsHome-FLL above, and by the interest here, this is a big public-interest story, I can just hear the evening news teasers, over and over for two days:

"Do you REALLY own that sports car in your driveway? News at Eleven!" Mitzy Talkinghead's Used-Car Fraud Investigation , "Could THIS happen to YOU?!"

And then Mitzy Talkinghead interveiws innocent, bewildered you, Arrogant MB of DelRay, the Jerky Folks at the Tow Lot, and some clueless clerk at CFC-GMAC-ALLY Financial. Maybe Mitzy interview the AG ! MB and CFC admit the error of their ways, Mitzy takes all the credit, lowering your legal bills, and you get some sleep. CUT ! Fini.

 

[Sandy G]

I've been reading and doing my best to think this through. If the Florida DMV has been made aware of a title problem and they have notified you of the situation or of their intent, I have not heard this mentioned. If you were to contact the DMV main office I believe in Talahassee and ask them if in fact when they issued to you the title which the MB dealer supplied, they in turn titled it in your name, done deal for you. DMV would go after MB dealer for this by way of state laws. You have the title the state issued you and if there was any collusive action is was not in any way brought on by you. Lastly "color of title" is sometimes an element of adverse possession. sandy g.

 

[vancouver-gts]

ditto for above .

Harley , read my reply to post "Dealer damaged my car"

The media would be on this like donkey kong .This scenario happened in my province before and legit dealers always coughed up the costs ,instead of loosing their reputations for a few thousands $$$.
It's always safer to buy a used vehicle from an established dealership than buying from a 'chisel charter' small used car dealer

 

[Ray W]

WSVN Channel 7. " Help me Howard "

 

[sun diego]

The media would prefer a welfare Mom with a minivan than a guy with an expensive sportscar. You aren't "the little guy".

 

[FastZilla]

Isn't this the same thing going on with the housing market....

I don't see how CFC can have any claim. you have the car & clear title. There are too many parties who have "verified" or "cleared" the title prior to your purchase. You definately have some claim with at least the MB dealer, Florida DMV & CFC. Either way it sounds expensive...

Call CFC and see it they will cut a loan on the car to pay for all of this

Viperless:
Everything I say is opinion and mostly BS....Now with that said - if I were in a similar situation the car would accidentally role down a boat ramp.

 

[Vipuronr]

Due to the potential PITA type of case this is, there are lawyers who will take this on on consignment, and then hit (say) MB for all lawyer/court fees. Can't hurt to ask, but I like the suggestion of contacting State DMV (in person), make appointment with Supervisor high enough (if possible) to have some authority and discuss. May be surprised that they might be on your side, as they issued a new title (at least) twice on this car...MB and You and possibly the guy who traded it into MB.

Worth a shot...basically free.

 

[slysnake]

Big issue in the border states. Is it a big problem in MN?

MN IS a border state.

 

[FastZilla]

I never considered illegal Canadians much of a threat

 

[J&R3xV10]

I never considered illegal Canadians much of a threat

Never underestimate those cold weather fellows, they can be sneaky folk

FWIW its not only border states that are having issues, for example Nevada is now 37% hispanic, I would say more like 57% in Las Vegas alone. Not to say that all hispanics are illegal but there does sure seem to be an overwhelming amount of them. Just Sayin...

Back to topic...... I would say hand in the car if you can. It is not worth the trouble! I am sure there are plenty of other vipers siting on lots that have no stories and drive just as well, you might even be able to upgrade to a faster Yellow viper

 

[jdavis]

Back to topic...... I would say hand in the car if you can. It is not worth the trouble! I am sure there are plenty of other vipers siting on lots that have no stories and drive just as well, you might even be able to upgrade to a faster Yellow viper

If he turns in the car without compensation he is out his investment in the car. On top of that, the original owner is off the hook for his debt to CFC. I don't see this as a viable option for the OP. It is a poor state of affairs that will likely have to be sorted out in court.

 

[TAXIMAN1]

If he turns in the car without compensation he is out his investment in the car. On top of that, the original owner is off the hook for his debt to CFC. I don't see this as a viable option for the OP. It is a poor state of affairs that will likely have to be sorted out in court.

agreed. and that was my only point in my prior replies... the chance of the dealer just willingly wiring him back his funds and taking the car back, are, well..... Not too likely......

He has possession of the car, which is 9/10's of the law in my book. And Its obviously not stolen... So until a court date is scheduled, I can't see a judge signing an order to repo it.... Its your car...
But on the flip side, I do see your point also Harley. being afraid to drive it,leave it parked,etc. tough one...

My guess is, that IF they have not tried to hook it yet (repo it). they (CFC) realizes they have a serious issue here. So, if you take it for a drive. Bring all the supporting docs with you. Registration (obviously) but all your bill of sale,etc,etc..

I cant see how they can pull this car from you... This one is Definately going to court.... I dont see any of the involved parties givng in.

 

[Sandy G]

CFC, MB, Towing company and you............who has the Florida DMV says as of now who is the rightfull and legal owner? Damn, it's your Viper, you paid for it and got a clear title from Florida. Anyone who I would think wants to change that would have to get the DMV to do it!!! Let them fight the DMV not you! If your car would be taken by a tow truck , your car would have been stolen from you, you have title to it.......period!

 

[Vipuronr]

The real shame of it is, you bought a car in good faith for a (so-called) reputable dealer and you now have to hire (pay for) a lawyer and fight everyone in court just to keep your car!

Sad state of affairs!

I still would talk to someone at DMV and find out why they issued not one, but more than one CLEAN title. Seems they have some responsibility here, if the person who won the car at the auction found out it was not a legal sale, none of this would have happened.

 

[Boxer12]

a majority of the lawyers on this website have no freaking clue as to what to do in your case, and just won't respond because their "image" would be damaged or they don't want to be pinned down for wrong advice.

There is your free legal advice.......

Says the guy who basically gives no advice other than get an attorney. LOL. Man, its a dog eat dog world out there.

Patent, are you a lawyer? Ever hear of 'warranty of title?' Remember that from law school? Oh, and your second nugget about how in most cases there is no recovery of fees...I am sure you didn't mean to suggest that 'nugget' applies to contact cases (where fees generally are recoverable).

Disclaimer: I don't do contract law, and obviously neither do you.

Merry Christmas everyone!

 

[tucker]

Says the guy who basically gives no advice other than get an attorney. LOL. Man, its a dog eat dog world out there.

Patent, are you a lawyer? Ever hear of 'warranty of title?' Remember that from law school? Oh, and your second nugget about how in most cases there is no recovery of fees...I am sure you didn't mean to suggest that 'nugget' applies to contact cases (where fees generally are recoverable).

Disclaimer: I don't do contract law, and obviously neither do you.

Merry Christmas everyone!

That was a nugget in and of itself.

 

[vancouver-gts]

Fixed it for you

the person who won the car at the auction found out it was not a legal sale,

so he quickly traded the car in at the MB dealer ,so he could be charged for fraud as well . It happened here in BC .

 

[past ohio]

All CFC has to do IF they are still holding the title, is just put out a "stolen car" report and anyone driving it gets to sit in jail while they sort it out....I agree with a lot of the earlier posts, I would keep it secured in a garage out of sight till this gets sorted out....usually in these cases the original owner with title has the most rights....if "stolen" and titles flipped, etc.....good luck hope it gets resolved...

 

[PatentLaw]

Says the guy who basically gives no advice other than get an attorney. LOL. Man, its a dog eat dog world out there.

Patent, are you a lawyer? Ever hear of 'warranty of title?' Remember that from law school? Oh, and your second nugget about how in most cases there is no recovery of fees...I am sure you didn't mean to suggest that 'nugget' applies to contact cases (where fees generally are recoverable).

Disclaimer: I don't do contract law, and obviously neither do you.

Merry Christmas everyone!

If the title is defective, that is why his attorney is looking into it. Perhaps you should check up the difference between land and other property. LOL.

If you don't think that every pleading has a clause for recovery of attorney fees, then you are quite foolish. Courts see it all the time and are fairly numb to it.

It is better that he go in not expecting to get money out that is potentially not recoverable. He should know what it costs going in. That is good advice and trying to protect his financial interests. The costs on this could get quite high. There is also the possibility that he could be in possession of stolen property. Ever think of that? Most likely not.

I am an attorney and I have done extensive contract law. Obviously more than you.

 

[Boxer12]

Patent, you are way off base. Did he ever say the vehicle was stolen by anyone? This isn't a criminal case and you obviously aren't a criminal lawyer either. If you've done so much contract law then why didn't it occur to you to tell the OP that he has a contract with MB, and this is a contract issue. In other words....

OP-read the fine print in the sales contract you signed with MB. See whether it contains a warranty of title (or words to that effect), and provision for recovery of atty fees to prevailing party in the event of a dispute over the contract.

 

[Bobpantax]

Excellent point. So to summarize:

His Florida attorney should be well versed in the applicable law and have a track record in this area; read the sales contract carefully regarding applicable law ( As mentioned above, I think Florida Statutes Chapters 672 and 679, among other statutes, and the case law interpretting same are relevant) and any dispute procedures. He should also consider notifying the auto insurance company. After doing same and determining what the result should be here, I think that he should then try to have a conference call with the dealer's and Chrysler Credit's attorneys to work this out in a professional and efficient manner. Good luck and Merry Christmas to all!

 

[Sellshomesdrivesviper]

Let Me Shout This Time:

Did Anyone Hear Me (read) When I Posted And Said The Dealership Is Owned By Autonation, This Is A Large Public Corporation.

Deal With Corporate And Not The Store, It Will Work Faster And The Results Should Be Better. Please Try.

 

[FastZilla]

Lawyers attacking lawyers!! I love it! And the best part is I'm not paying for it!

I don't know if this is relevant but after 3 rather large cases with one of my attorneys & now in-progress on the 2nd one with my other attorney why is it that they both have brand new luxury SUVs? :lol:

Attorneys are VERY necessary parts fo business - try conducting one without one! Not biased in the least at lawyers - just glad they exist, they have recovered &/or saved me many multiples of any amount I have paid them.

So please....ATTACK!

 

[Bobpantax]

Yes understood. The attorney for the store will probably be a law firm retained by Autonation since they own the store.

 

[Bobpantax]

A lawyer making a personal attack against another lawyer in their respective capacities as lawyers, as opposed to when they are wearing their non lawyer hats, on a public site, is technically against the Rules of Professionalism. I do not know whether all states have these rules but Florida does. I think it best for any lawyer posting to just stay on point and to try to help our fellow VCA Member.

Lawyers attacking lawyers!! I love it! And the best part is I'm not paying for it!

!

 

[Stealth]

Says the guy who basically gives no advice other than get an attorney. LOL. Man, its a dog eat dog world out there.

Patent, are you a lawyer? Ever hear of 'warranty of title?' Remember that from law school? Oh, and your second nugget about how in most cases there is no recovery of fees...I am sure you didn't mean to suggest that 'nugget' applies to contact cases (where fees generally are recoverable).

Disclaimer: I don't do contract law, and obviously neither do you.

Merry Christmas everyone!

Well, I have a business, corporate and real estate law firm in Southern California and I agree with you as noted in my post above! Unfortunately this situation is a bit of a mess and some effort (professional or otherwise) will be required to set matters straight. The OP's purchase contract with MB is key. Best wishes to the OP that this occurs as fast and painlessly as possible! Happy Holidays!

 

[JohnnyViper]

boy, i wish you the best of luck and I do feel you will come out just fine